- Latest available (Revised)
- Point in Time (01/04/2013)
- Original (As enacted)
Point in time view as at 01/04/2013.
Planning Act 2008, Section 192 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows.
(2)In section 198 (power to make tree preservation orders) omit—
(a)subsections (3) and (4) (provision that may be made by tree preservation orders),
(b)subsection (6) (matters to which tree preservation orders do not apply), and
(c)subsections (8) and (9) (power to make provision about application for consent under tree preservation order).
(3)Omit section 199 (form of and procedure applicable to tree preservation orders).
(4)Omit section 201 (provisional tree preservation orders).
(5)In section 202 (power for Secretary of State or Welsh Ministers to make tree preservation orders), omit subsection (3) (procedure applicable to orders made by Secretary of State or Welsh Ministers).
(6)Omit sections 203 to 205 (compensation in connection with tree preservation orders).
(7)After section 202 insert—
(1)The appropriate national authority may by regulations make provision in connection with tree preservation orders.
(2)Sections 202B to 202G make further provision about what may, in particular, be contained in regulations under subsection (1).
(3)In this section and those sections “tree preservation order” includes an order under section 202(1).
(4)In this Act “tree preservation regulations” means regulations under subsection (1).
(5)In subsection (1) “the appropriate national authority”—
(a)in relation to England means the Secretary of State, and
(b)in relation to Wales means the Welsh Ministers.
(6)Section 333(3) does not apply in relation to tree preservation regulations made by the Welsh Ministers.
(7)Tree preservation regulations made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(1)Tree preservation regulations may make provision about—
(a)the form of tree preservation orders;
(b)the procedure to be followed in connection with the making of tree preservation orders;
(c)when a tree preservation order takes effect.
(2)If tree preservation regulations make provision for tree preservation orders not to take effect until confirmed, tree preservation regulations may—
(a)make provision for tree preservation orders to take effect provisionally until confirmed;
(b)make provision about who is to confirm a tree preservation order;
(c)make provision about the procedure to be followed in connection with confirmation of tree preservation orders.
(1)Tree preservation regulations may make provision for prohibiting all or any of the following—
(a)cutting down of trees;
(b)topping of trees;
(c)lopping of trees;
(d)uprooting of trees;
(e)wilful damage of trees;
(f)wilful destruction of trees.
(2)A prohibition imposed on a person may (in particular) relate to things whose doing the person causes or permits (as well as to things the person does).
(3)A prohibition may be imposed subject to exceptions.
(4)In particular, provision may be made for a prohibition not to apply to things done with consent.
(5)In this section “tree” means a tree in respect of which a tree preservation order is in force.
(1)This section applies if tree preservation regulations make provision under section 202C(4).
(2)Tree preservation regulations may make provision—
(a)about who may give consent;
(b)for the giving of consent subject to conditions;
(c)about the procedure to be followed in connection with obtaining consent.
(3)The conditions for which provision may be made under subsection (2)(b) include—
(a)conditions as to planting of trees;
(b)conditions requiring approvals to be obtained from the person giving the consent;
(c)conditions limiting the duration of the consent.
(4)The conditions mentioned in subsection (3)(a) include—
(a)conditions requiring trees to be planted;
(b)conditions about the planting of any trees required to be planted by conditions within paragraph (a), including conditions about how, where or when planting is to be done;
(c)conditions requiring things to be done, or installed, for the protection of any trees planted in pursuance of conditions within paragraph (a).
(5)In relation to any tree planted in pursuance of a condition within subsection (4)(a), tree preservation regulations may make provision —
(a)for the tree preservation order concerned to apply to the tree;
(b)authorising the person imposing the condition to specify that the tree preservation order concerned is not to apply to the tree.
(6)“The tree preservation order concerned” is the order in force in relation to the tree in respect of which consent is given under tree preservation regulations.
(7)The provision that may be made under subsection (2)(c) includes provision about applications for consent, including provision as to—
(a)the form or manner in which an application is to be made;
(b)what is to be in, or is to accompany, an application.
(8)Tree preservation regulations may make provision for appeals—
(a)against refusal of consent;
(b)where there is a failure to decide an application for consent;
(c)against conditions subject to which consent is given;
(d)against refusal of an approval required by a condition;
(e)where there is a failure to decide an application for such an approval.
(9)Tree preservation regulations may make provision in connection with appeals under provision made under subsection (8), including—
(a)provision imposing time limits;
(b)provision for further appeals;
(c)provision in connection with the procedure to be followed on an appeal (or further appeal);
(d)provision about who is to decide an appeal (or further appeal);
(e)provision imposing duties, or conferring powers, on a person deciding an appeal (or further appeal).
(1)Tree preservation regulations may make provision for the payment of compensation—
(a)where any consent required under tree preservation regulations is refused;
(b)where any such consent is given subject to conditions;
(c)where any approval required under such a condition is refused.
(2)Tree preservation regulations may provide for entitlement conferred under subsection (1) to apply only in, or to apply except in, cases specified in tree preservation regulations.
(3)Tree preservation regulations may provide for entitlement conferred by provision under subsection (1) to be subject to conditions, including conditions as to time limits.
(4)Tree preservation regulations may, in relation to compensation under provision under subsection (1), make provision about—
(a)who is to pay the compensation;
(b)who is entitled to the compensation;
(c)what the compensation is to be paid in respect of;
(d)the amount, or calculation of, the compensation.
(5)Tree preservation regulations may make provision about the procedure to be followed in connection with claiming any entitlement conferred by provision under subsection (1).
(6)Tree preservation regulations may make provision for the determination of disputes about entitlement conferred by provision under subsection (1), including provision for and in connection with the referral of any such disputes to, and their determination by, F1...the First-tier Tribunal or the Upper Tribunal.
Tree preservation regulations may make provision for the keeping of, and public access to, registers containing information related to tree preservation orders.
(1)Tree preservation regulations may provide for the application (with or without modifications) of, or make provision comparable to, any provision of this Act mentioned in subsection (2).
(2)The provisions are any provision of Part 3 relating to planning permission or applications for planning permission, except sections 56, 62, 65, 69(3) and (4), 71, 91 to 96, 100 and 101 and Schedule 8.
(3)Tree preservation regulations may make provision comparable to—
(a)any provision made by the Town and Country Planning (Tree Preservation Order) Regulations 1969 or the Town and Country Planning (Trees) Regulations 1999;
(b)any provision that could have been made under section 199(2) and (3).
(4)Tree preservation regulations may contain incidental, supplementary, consequential, transitional and transitory provision and savings.”
(8)Schedule 8 makes further amendments in connection with tree preservation orders.
Textual Amendments
F1Words in s. 192(7) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 295 (with Sch. 5)
Commencement Information
I1S. 192 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: